Williams v. Kern State Prison, et al.

Summary

The United States District Court for the Eastern District of California denies without prejudice Charmar Williams’s motion for appointment of counsel in a 42 U.S.C. § 1983 action. The court concludes that exceptional circumstances are not shown because the amended complaint had not yet been screened, the original pleading’s deficiencies appeared readily addressable, and lack of legal education is common among prisoners.

Holdings

1. A district court may not require an attorney to represent an indigent prisoner in a § 1983 action, but may request an attorney to voluntarily represent the plaintiff when exceptional circumstances exist.
2. Plaintiff failed to demonstrate exceptional circumstances warranting a request for voluntary assistance of counsel.

Questions Presented

1. Whether the court should appoint or request counsel to represent the indigent prisoner in the § 1983 action.
2. Whether plaintiff demonstrated exceptional circumstances based on the likelihood of success on the merits and his ability to articulate his claims.

Disposition

other